Commonly Asked FMLA Questions

Confusion reigns regarding the Family and Medical Leave (FML). What is it, who qualifies for it, and how is it administered are just some of the questions employees have about this policy. This brief overview will attempt to answer some of the most asked questions. However, if you would like more in-depth information regarding this policy, please contact an Employee Relations Advisor at 713-500-3180.

Family Medical Leave - FMLA

• What is FML?

  The Family Medical Leave Act of 1993 legislates that UTHealth Houston must provide up to 12 weeks of leave in a 12 month period to all employees who have worked for the State of Texas for at least one year and for at least 1,250 hours during the 12-month period immediately preceding the leave.
  Family Medical Leave (FML) may be granted for one of the following reasons:

  • Birth of a child and the care after such birth;
  • Placement of a child for adoption or foster care;
  • Serious health condition of the spouse, child, or parent of the employee;
  • Serious health condition of the employee
  • Qualifying exigency arising out of the covered active military duty or call to covered active military duty of the employee’s spouse, son, daughter or parent; or,
  • Serious illness or injury of a covered servicemember who is the spouse, son, daughter, parent, or next of kin.

  Employees who are caring for a covered servicemember are entitled to take a combined total of 26 workweeks of leave during a 12-month period to care for the covered servicemember and for any other FML-qualifying reason.

• What is a Serious Health Condition?

  The most common serious health conditions that qualify for FML are:

  • Condition requiring an overnight stay in a hospital or other medical care facility.
  • Conditions that incapacitate you or a family member for more than three consecutive days and require ongoing medical treatment.
  • Chronic conditions that cause occasional periods when you or a family member are incapacitated and require treatment by a health care provider.
  • Pregnancy, including prenatal medical appointments, incapacity due to morning sickness and medically required bed rest.
• What is the benefit of FML to an employee?

  FML ensures an employee who qualifies for FML that his/her job is protected as long as he/she remains on FML even if the employee is in an unpaid leave status.

• Must the twelve weeks be taken for only one qualifying reason?

  No. For example, if an employee is off under FML status for 8 weeks due to the birth of a child and six months after returning to work her parent becomes seriously ill, the employee may qualify to take up to 4 additional weeks off as FML covered leave (with or without paid leave) to care for the parent.

• When must an employee be placed on FML?

  When an eligible employee requests leave for an FML-qualifying reason or when the supervisor or FML Coordinator becomes aware that an eligible employee is taking leave for an FML-qualifying reason.

  When an eligible employee requests leave for an FML-qualifying reason with an advance notice, the employee must provide at least 30 days notice. If the employee learns of the need for the leave with less than 30 days notice or a situation arises that is unexpected, the notice must be provided as soon as possible.

  When a supervisor or FML Coordinator notices an employee has repeated absences for the same condition or when an employee brings to the supervisor or FML Coordinator's attention the need for extended leave, the FML Coordinator should discuss FML with the employee, explaining what it covers, placing the employee on FML pending certification if the leave appears to meet the criteria, and asking the employee to obtain a certification from the appropriate party to determine if the employee qualifies for FML. The certification must include specific information and is due within 15 calendar days from the date the employee is placed on FML.

  If the certification of health care provider meets the definition of a serious health condition or there is a qualifying exigency arising out of the active military duty or call to active military duty of the employee’s spouse, son, daughter, or parent, the FML status will stand. Any medical documentation or certification which the FML Coordinator receives is confidential and must be maintained in an employee medical file separate from the employee's departmental personnel file.

• How does an employee apply for FML?

  An employee should contact his/her FML Coordinator about the need for leave.

• What are an employee’s responsibilities while on FML?

  Ongoing communication between the employee, the supervisor and the FML Coordinator is essential. The employee must comply with the conditions of the leave. He/she may be required to present a certification from the attending physician to qualify for FML and he/she may be required to present recertification from his/her health care provider at 30 day intervals. The employee must inform the FML Coordinator if the need for FML changes while he/she is out and the employee may be required to provide periodic updates on the FML status.

• How is an employee compensated while on FML?

  The employee is required to exhaust all sick leave (if applicable), all vacation leave, all accrued compensatory time, and all accrued administrative leave while on FML. The employee will continue in an unpaid status as long as he/she qualifies for FML.

• What is the procedure for an employee to return to work?

  If the FML is for the employee, the employee must submit the certification of fitness for duty form to the FML Coordinator.

• What if I’m unable to return to work or to perform my job duties when my Family Medical Leave exhausts?

  If you are unable to return to work when your FML ends and are in unpaid status, you may apply for a leave of absence based on your own medical condition by contacting University Relations and Equal Opportunity at 713-500-CALL (2255). You may also request a reasonable accommodation if needed when you return to work. Leave of absence and accommodation requests must be approved prior to the expiration of your FML.

• Can the employee work while on FML?

  Yes. If the employee requires a reduced work schedule or leave on an intermittent basis, the hours when the employee is not able to work will be counted as FML. In such cases, the employee is eligible for a maximum FML leave equivalent to his/her FTE times the number of hours he/she would work in 12 weeks. For example, a full-time employee is eligible for up to 480 hours of FML (1.0 FTE X 40 hours per week X 12 weeks) covered leave. An employee who is in a .80 position is eligible for up to 384 hours of FML (.80 FTE X 40 hours per week X 12 weeks) covered leave.

• What happens to an employee’s benefits?

  Benefit coverage will continue while the employee is on FML. If an employee is on unpaid FML the university will continue to pay its share of any medical/dental insurance premiums, and the employee is required to pay her/his share of the premiums. Payment for the premium must be made during the month in which it is due. Contact the Benefits Department for further information at 713-500-3935 or https://inside.uth.edu/finance/benefits/.

• What about an employee’s medical records? Is the information kept confidential?

  All medical certifications of serious health conditions, whether of the employee or an employee’s family member are considered confidential medical records. The Family Medical Leave Act requires that the records be kept separate from personnel files and be maintained in confidence. Access should be limited to those with a strict need to know. In addition, the employee’s own medical records are subject to Americans with Disabilities Act (ADA) restrictions.

• How can I get more information on FML?

  The Handbook of Operating Procedures provides UTHealth Houston policy regarding FML. Also, employee relations advisors are available for information regarding specific cases and questions.

General Inquiries

For questions you may have about Family Medical Leave, please contact an Employee Relations Advisor at 713-500-3180.